When Marriage Survives Only On Paper Due To Prolonged Litigation, Better To Separate Parties: Supreme Court

The Supreme Court dissolved a marriage that had effectively broken down after nearly 24 years of separation, observing that prolonged matrimonial litigation only perpetuates a marriage on paper and causes cruelty to both parties.

The Court held that long separation with no possibility of reconciliation amounts to mutual cruelty and justifies dissolution of marriage.

Exercising its powers under Article 142 of the Constitution, the Court restored the trial court’s divorce decree, noting that it is not the role of courts or society to judge which spouse is at fault when the marriage has irretrievably broken down.

[Nayan Bhowmick v. Aparna Chakraborty]